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2011-392848DOC # 2011-0392848 Recording Requested By and I IINIII IIII V I VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII II When Recorded Mail To: ) I I II AUG 02, 2011 3:56 PM OFFICIAL RECORDS City Clerk ) ' a'r SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg. Jr., COUNTY RECORDER City of Encinitas ) FEES: 0.00 OC: NA 505 S. Vulcan Avenue } PAGES: 6 Encinitas, CA 92024 ) t 111111 Illil VIII VIII illll VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII FOR BENEFIT OF THE CITY SPACE ABOVE FOR RECORDER'S USE l GRANT OF STEEP SLOPE PRESERVATION EASEMENT ~ A DOCUMENTARY 'rRANS1*-TL-:R TAX $ ssessors Parc~y Case No. 10-188 DR/CDP No. 261-142-17 & 18 Grading Permit No. 10889-G Lakewood Living Trust ("GRANTOR" hereinafter), does hereby grant, convey and dedicate an open space easement to the CITY OF ENCINITAS, State of California ("CITY" hereinafter), with terms, covenants and conditions as follows: An easement over, upon, across, and under the lands hereinafter described on Exhibit "A" attached hereto and as shown as Exhibit "B", hereinafter referred to as the subject land, to wit: (1) GRANTOR conveys a perpetual easement for steep slope preservation easement, over, upon, across and under the subject land as described in Exhibit "A" and shown and described, respectfully in Exhibit "B". This steep slope preservation easement shall remain in perpetuity on the subject property. No building, structure, animal grazing or other improvements shall be constructed, erected, placed or maintained on the subject land, nor shall grading be performed, except as is permitted by Case No. 10-188 DR/CDP, as said permit was issued by Resolution No. PC-2011-15 by the Planning Commission on May 19, 2011 or as said permit may be hereinafter amended or modified pursuant to the Municipal Code of the City of Encinitas. Any future improvements necessary in these areas shall be reviewed and approved by the City of Encinitas and the California Department of Fish and Game. (2) GRANTOR conveys the perpetual right, but not the obligation to enter upon the subject land and remove any buildings, structures or other things whatsoever constructed, erected, placed or maintained on the subject land contrary to any term, covenant or condition of this easement and to do any work necessary to eliminate the effects of any excavation or grading or placement of sand, soil, rock or gravel or any other material placed on the subject land contrary to any term, covenant or condition of this easement. (3) GRANTOR covenants and agrees for itself and its successors and assigns as follows: (A) That it shall not erect, construct, place or maintain, or permit the erection, construction, placement, or maintenance of any building or structure or other thing whatsoever on the subject land, nor shall grading be performed, other than such PBD/TGM/t:\Covenant\ 10-188DRCDPsteepslopeeeasement -1- buildings, structures, grading, or other things as are permitted by Case No. 10-188 DR/CDP, as said permit was issued by Resolution No. PC-2011-15 by the Planning Commission on May 19, 2011 or as said permit may be hereinafter amended or modified pursuant to the Municipal Code of the City of Encinitas. (B) That, except for those portions authorized by Case No. 10-188 DR/CDP for grading and landscaping, it shall not use the subject land for any purpose except as open space to permanently maintain the steep slope preservation easement in perpetuity on the subject site. (C) That it shall not excavate or grade or permit any excavating or grading to be done or, place or allow to be placed any sand, soil, rock, gravel or other material whatsoever on the subject land without the written permission of CITY or its successors or assigns; provided, however, that grantor may excavate, grade or place sand, soil, rock or gravel or other material on the subject land as is permitted by Case No. 10-188 DR/CDP, as said permit was issued by Resolution No. PC-2011-15 by the Planning Commission on May 19, 2011 or as said permit may be hereinafter amended or modified pursuant to the Municipal Code of the City of Encinitas. (D) That the terms, covenants and conditions set forth herein may be specifically enforced or enjoined by proceedings in the Superior Court of the State of California. It is agreed that the grant of these easements and its acceptance by CITY shall not authorize the public or any members thereof to use or enter upon all or any portion of the subject land, it being understood that the purpose of this easement is solely to restrict the use to which the subject land may be put. These easements shall bind the owner and its successors and assigns. GRANTOR: Dated l ) by Lakewood Living Trust Randolf Cherewick Trustee (Notarization of GRANTOR'S signature is attached.) PBD/TGM/t:\Covenant\10-188DRCDPsteeps1opeeeasement -2- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ~ County ofLI_ `~J On Date personally appeared S1-1 ~Y 0 111 ~ ~ E DEANA GAY Place Notary Seal Above Commission # 1862433 i Notary Public - California i Z San Diego County ~ , M Comm. Expires Au 23, 2013 who proved to me on the basis of satisfactory evidence to be the person(,s~ whose name(s} is/axe subscribed to the within instrument and acknowledged to me that he/she4oy executed the same in his/he0heir authorized capacity(ios), and that by his/he4th6r signature(r) on the instrument the person(s~, or the entity upon behalf of which the person(sj acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS Signature OPTIONAL hand\and official Though the information below is not required by law, it may prove valuable to persons relying on the and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) ""e ' l0 _'~3 0 (2 Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact • El Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: \-)I ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 - www.NationalNotaryorg Item #5907 Reorder. Call Toll-Free 1-800-876-6827 CITY OF ENCINITAS: I, Peter Cota-Robles, the Director of Engineering Services of the City of Encinitas, by authority conveyed by Resolution No. 94-107 adopted by the City Council of the City of Encinitas on November 9, 1994, have accepted on behalf of the City of Encinitas the Steep Slope Preservation Open Space Easement all as granted hereon. Dated (!F;, L' / / (Notarization not required) by( T%~ r Cota-Robles Direc or of Engineering Services PBD/TGM/t:\Covenant\ 10- 188DRCDPsteepslopeeeasement -3- 'B' - SHEET 1 OF 1 OPEN SPACE EASEMENT PLAT fig' CITY OF ENCINITAS ~A~^ OWNERS-3 t -ll 1L~ % RAND F CHEREWICK, TRUSTEE DATE ♦ OF LAK OOD LIVING TRUST 026/ PROPOSED OPEN SPACE EAST ` / \00 ~ op " / oo C-1 6 DEDICATION PER DOC. # 200-0300083 6♦ © RECD JUNE A 2010 PUBLIC PEDESTRIAN 6 ♦ / ACCESS DRAINAGE AND GENERAL U11JTY ARCE A EASEMENT N 26142-19 PREPARED BYE rn R coo TerraDataAZ o P. O. BOX 643 ` 1►1`'" SONOITA, AZ 85637 ABANDONE :ZRO-~25-0264 ALLEY , . \ '~~J • ♦ Q o DALE A. GREENE, L.S. 5755 \ 6 / REG. EXP. 6/30/2012 O LANo F s S / ♦ I~~' p... GR `Ff ~ 0 4 No ` vo 13 \SOa L / * a ~o~`♦~O / No. 5755 p c9\ vfP y'1 RC'/'♦♦ er 0 EL.. B F CACl,, N 2 2-17 AND 18 \ss N ~.oo / q d, ` B SCALE 1'-30' c9 ~ s so 714 SQ. FT. \ ~so \ / ~pJ s° o sF \ 7.56' DETAIL "A" tk NO SCALE °Q S 59°26'18" W 7.50' p • Ga L1 S 3(Y29'28* E 11.86 L2 N 47'07 28 E 6.11 L3 S 34'3010 W 6.53 L4 S 29'39 37 W 9.37 L5 S 4(r32'26* W 24.16 L6 S 31-26-49m E 18.99 ' #0 #0 / N 30°29'28" W '0- 29.45' P.O.B. EX. "A" RoS 15268 IOR tin gnin-in JOB NO. 10-10 JUNE 22, 2011 OPEN SPACE EASEMENT EXHIBIT "A" AN EASEMENT FOR THE PURPOSES STATED HEREIN, OVER, UNDER, ALONG AND ACROSS THOSE PORTIONS OF THE SOUTHWESTERLY ONE-HALF OF LOTS 8 AND 9, IN BLOCK 4 OF CARDIFF, COUNTY OF SAN DIEGO, MAP NO. 1298, FILED NOVEMBER 14, 1910 AND THE VACATED ALLEY IMMEDIATELY ADJOINING SAID LOT 9 ON THE SOUTHWEST, BEING MORE SPECIFICALLY DESCRIBED AS FOLLOWS: COMMENCING AT AN ANGLE POINT IN THE NORTHEASTERLY BOUNDARY LINE OF THAT PARCEL SHOWN ON RECORD OF SURVEY MAP NO. 17366, BEING FORMED BY THE COURSES OF N 59°26'18" E 7.50' AND S 30°29'28" E 75.52'; THENCE ALONG SAID NORTHEASTERLY BOUNDARY LINE, SOUTH 30° 29'28- EAST, A DISTANCE OF 7.56 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 47° 07'28" EAST, A DISTANCE OF 6.11 FEET; THENCE NORTH 34° 30' 10" EAST, A DISTANCE OF 6.53 FEET; THENCE NORTH 29° 39'37" EAST, A DISTANCE OF 9.37 FEET; THENCE NORTH 40° 32'26" EAST, A DISTANCE OF 24.16 FEET, THENCE SOUTH 31° 26'49" EAST, A DISTANCE OF 18.99 FEET TO THE NORTHWESTERLY LINE OF THAT 5' DEDICATION TO THE CITY OF ENCINITAS FOR PUBLIC PEDESTRIAN ACCESS, DRAINAGE AND GENERAL UTILITY EASEMENT RECORDED JUNE 15, 2010 AS DOC. NO. 2010-0300083, O.R., BEING A POINT ON A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 170.00 FEET, A RADIAL LINE TO WHICH BEARS SOUTH 50°18'44"EAST, SAID CURVE BEING 10.00 FEET NORTHWESTERLY AND CONCENTRIC WITH THE NORTHWESTERLY LINE OF COUNTY ROAD SURVEY NO. 1132 (40' WIDE), KNOWN AS SAN ELIJO AVENUE AND SHOWN ON RECORD OF SURVEY MAP NO. 15268; THENCE SOUTHWESTERLY ALONG SAID CURVE, A DISTANCE OF 44.32 FEETTHROUGH A CENTRAL ANGLE OF 14° 56'09" TO THE CENTERLINE OF THE ABANDONCED ALLEY AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 17366; THENCE NORTH 30° 29'28" WEST ALONG SAID CENTERLINE, A DISTANCE OF 11.86 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 714 SQUARE FEET, MORE OR LESS. 1